Law Summary
Suspension of Registration Procedures
- Amends the last paragraph of section 8.
- The Securities and Exchange Commission (SEC) may issue an order of suspension for a security’s registration.
- Upon suspension, SEC shall conduct a prompt hearing for interested parties.
- After hearing, if SEC finds grounds under section 12 for revocation, it enters a final order prohibiting sale of the security, along with findings.
- Suspension is confidential and not published unless violated after notice.
- Appeals from the final SEC order may be brought to the Supreme Court as provided by law.
- If SEC finds no fraud or basis for revocation, it revokes the suspension, restoring the security’s registration status retroactively.
Revocation of Registration and Right to Hearing
- Amends the last paragraph of section 12.
- Before any final revocation order of securities registration or license to sell, the issuer or dealer has the right to a hearing.
- Such final orders may be appealed to the Supreme Court following procedures in the Act.
Review of SEC Orders by Supreme Court
- Amends the first paragraph of section 35.
- Persons aggrieved by SEC orders may petition the Supreme Court within 30 days to modify or set aside the order.
- Petition must be served on the SEC, which files the record transcript in court.
- The Supreme Court has exclusive jurisdiction to affirm, modify, enforce, or set aside SEC orders wholly or partially.
- Objections not presented during SEC hearings are not considered by court if opportunity was provided.
- The court may allow additional evidence if material and justified by reasonable grounds for prior non-adduction.
- Additional evidence is taken before the SEC; SEC may modify findings and file recommendations based on new evidence.
Repealing Clause
- Amends section 42.
- All inconsistent laws or parts of laws, including Act No. 2581 (the "Blue Sky Law"), are repealed.
Effectivity
- The Act takes effect immediately upon approval on June 9, 1951.